Shape Shift Could Save Romania’s CNSAS - Ex Justice Min

Romanian former justice minister Tudor Chiuariu said that the only solution to save Securitate archive study authority CNSAS is to turn it into an autonomous administrative investigation authority.

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"The only solution to save CNSAS is to turn it into an investigation structure, which would notify courts if it finds evidence of political police activities,” said Chiuariu. The court would then acknowledge the CNSAS decision.

He added this is the only legal solution to keep CNSAS running, after the decision made by the Constitutional Court Thursday, which dubbed unconstitutional law 187/1999 on CNSAS activity. The Romanian Palriament now has 45 days to correct the law.

"The Constitutional Court decision rendering ineffective the CNSAS law is based on three main arguments," Chiuariu explained.

The first argument stated by Chiuariu refers to the fact that CNSAS includes three functions, namely investigation, trial and appeal solution.

The second argument refers to the institution’s ability to render new verdicts, if new evidence surfaces. These new verdicts can contradict and annul court decisions, if the old verdict was challenged in court and a final decision was rendered.

The third argument, based on the previous two as well, in lack of clear regulations for the nature of CNSAS, this is an alternative court, like the ones forbidden through article 126 paragraph 5 of the Constitution.

All these three objections of unconstitutionality can be removed, Tudor Chiuariu said.

"If CNSAS maintains the investigation function alone, then the first and third objections go away. CNSAS would no longer cumulate this function with the trial function, and, after investigations, it notifies the contentious administrative court. This court would render a verdict in the matter or it would reject the action," Chiuariu said.

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